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Orin Kerr @OrinKerr
, 6 tweets, 2 min read Read on Twitter
Criminal law question: Can Banksy be charged with destruction of property (aka criminal mischief) for setting off the remote that shreds his painting after the auction sale?theguardian.com/artanddesign/2…
A few questions to consider: (1) When property is a form of art, when is an act of transformation of that property -- even an unexpected and unknown one -- part of the art versus a destruction of it?
(2) Does it matter if a close examination of the property would reveal the shredding ability and remote control? (3) Does it matter, in terms of criminal law, how the shredding of the work changes its value?
Also note that the painting was not being sold by Banksy -- according to the Sotheby's website, Banksy sold it to the current seller in 2006 -- so it doesn't matter that the property likely didn't transfer ownership right after the auction ended. sothebys.com/en/auctions/ec…
Finally, 1L Criminal Law students, be alert: If your class covers Criminal Mischief statutes, this could be a good exam question. (Although most 1L crim classes seem to cover only a narrow range of crimes, which is its own problem for another thread.)
FWIW, I wouldn't ask such a question because knowing about things like art, the art market, and auctions may help you write a better answer. As a prof, you want to make sure your exam doesn't give an advantage to students who happen to know stuff like that. But others might.
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